119-HR5102

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5102

1. Short title
2. Findings; purpose
3. Designation of wild and scenic river segments

1. Short title

This Act may be cited as the "Greater Yellowstone Recreation Enhancement And Tourism Act".

2. Findings; purpose

(a) Findings - Congress finds that—

(1) - the streams designated as components of the Wild and Scenic Rivers System by the amendment made by section 3(a) are cherished by the people of the State of Montana and visitors from across the United States and around the world for their clean water, abundant fish and wildlife, spectacular natural settings, and outstanding recreational opportunities;

(2) - Indian Tribes have used the streams referred to in paragraph (1) for hunting, fishing, gathering, and other cultural purposes since time immemorial;

(3) - recreational activities (including fishing, hunting, camping, paddling, hiking, swimming, rock climbing, horseback riding, and wildlife watching) on the streams referred to in paragraph (1) and the surrounding land generate billions of dollars annually for the economy of the State of Montana;

(4) - the multi-billion-dollar agricultural industry in the State of Montana thrives on the availability of clean water that originates in headwaters streams on Federal public land;

(5) - facilities on the Madison River, the Hebgen and Madison Dams, have been integral in improving and maintaining fish populations, enabling its blue-ribbon fishery values, while generating 12 MW of carbon free hydropower;

(6) - the streams referred to in paragraph (1)—

(A) - are national treasures;

(B) - possess outstandingly remarkable values; and

(C) - merit the high level of protection afforded by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and

(7) - designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would maintain the outstandingly remarkable values of each stream while—

(A) - preserving public access;

(B) - respecting private property rights;

(C) - allowing appropriate maintenance of existing infrastructure, including major repairs and safety improvements to roads and bridges;

(D) - allowing for emergency intervention; and

(E) - allowing historical uses to continue.

(b) Purpose - The purpose of this Act is to designate certain segments of the Gallatin, Madison, and Yellowstone Rivers and their select tributaries in the Greater Yellowstone Ecosystem in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary.

3. Designation of wild and scenic river segments

(a) In general - Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(233) Madison river, montana - The approximately 42-mile segment of the Madison River in the State of Montana from the confluence of Cabin Creek downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. 10, approximately 1 mile north of the confluence of Cherry Creek, to be administered by the Secretary of Agriculture as a recreational river.

(234) Gallatin river, montana - The approximately 39.5-mile segment of the Gallatin River in the State of Montana from the Yellowstone National Park boundary downstream to the confluence of Spanish Creek, to be administered by the Secretary of Agriculture as a recreational river.

(235) Hyalite creek, montana - The approximately 4.6-mile segment of Hyalite Creek in the State of Montana from the source in the Gallatin Range downstream to Grotto Falls Trailhead, to be administered by the Secretary of Agriculture as a scenic river.

(236) Cabin creek, montana - The approximately 7.3-mile segment of Cabin Creek in the State of Montana from the source in the Madison Range downstream to above the fish barrier, to be administered by the Secretary of Agriculture as a scenic river.

(237) Middle fork of cabin creek, montana - The approximately 5.1-mile segment of the Middle Fork of Cabin Creek in the State of Montana from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a scenic river.

(b) Consent of owner of land required - No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary of Agriculture without the consent of the owner of the land or interest in land.

(c) Effect of designations on water rights - Nothing in this Act or an amendment made by this Act affects valid existing rights, including—

(1) - Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts);

(2) - water rights in the State of Montana; and

(3) - water rights held by the United States.

(d) Effect of designations on Hebgen and Madison Developments -

(1) Hebgen dam and reservoir and Madison Dam and Reservoir - The Hebgen Dam and Reservoir and the Madison Dam and Reservoir are located entirely outside of the covered segments, and these dams (including all aspects of their facilities and operations) are compatible with the designation made by the amendments made by subsection (a).

(2) Effects on current and future hydroelectric facilities -

(A) In general - The designation of the river segments by the amendments made by subsection (a) shall not—

(i) - impact or alter the existing terms of permitting, licensing, or operation of—

(I) - the Hebgen Dam located on the Upper Madison River in Montana (FERC P–2188); or

(II) - the Madison Dam located near Ennis, Montana (FERC P–2188); or

(ii) - preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the facilities named in clause (i).

(B) Hydropower generation - Nothing in this Act abrogates adding hydropower generation facilities to the Hebgen Dam.

(3) Licensing and expansion - Notwithstanding Section 7(a) of the Wild and Scenic Rivers Act, section 4(e) of the Federal Power Act shall govern the Federal Energy Regulatory Commission consideration of licenses, relicenses, or expansion of the Hebgen and Madison Developments.

(4) Limitation - The Hebgen and Madison Developments shall not be expanded to the area within the covered segments.

(e) Authorization of appropriations - There are authorized to be appropriated such sums as are necessary to carry out this Act, including the amendments made by this Act.

(f) Covered segment defined - The term covered segment means a river segment designated by paragraphs (233) through (237) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by subsection (a) of this section).